STATUTORY INSTRUMENTS ACT 1992 - SECT 62 Transitional provisions about expiry of amending subordinate legislation

STATUTORY INSTRUMENTS ACT 1992 - SECT 62

62 Transitional provisions about expiry of amending subordinate legislation

(1) If subordinate legislation (the
"expired legislation" ) made before 1 July 1994 expires under this Act, any subordinate legislation made before 1 July 1994 (the
"amending legislation" ) that amends the expired legislation, and consists only of provisions of the following types, expires at the same time—

(a) words of notification;

(b) a provision about the amending legislation’s citation;

(c) a provision about the amending legislation’s commencement;

(d) a provision providing for the amendment or repeal of an Act, subordinate legislation or other instrument (including a provision identifying the amended or repealed instrument);

(e) a provision declaring subordinate legislation or a provision of subordinate legislation to be a law to which section 20A of the Acts Interpretation Act 1954 applies;

(f) a provision that is spent, has expired or otherwise ceased to have effect;

(g) a savings, transitional or validating provision relating only to—

(i) the expired legislation or an instrument amending the expired legislation; or

(ii) a time or event that has passed.

Editor’s note—

Under the Acts Interpretation Act 1954 , section 22C as applied to subordinate legislation, amending subordinate legislation notified or published after 30 June 1994 is automatically repealed on the day after the last of its provisions takes effect.

(2) If subordinate legislation (the
"unexpired legislation" ) made before 1 July 1994 does not expire under this Act because it has been exempted from expiry, then, while the unexpired legislation is exempted from expiry, any subordinate legislation made before 1 July 1994 that amends the unexpired legislation, and includes provisions not of a type mentioned in subsection (1)(a) to (g), is also exempted from expiry.